Loading...
HomeMy WebLinkAboutC2009-308 - 7/21/2009 - Approved2009-308 M2009-204 07/21/09 Garrett Construction Co. S P E C I A L P R O V I S I O N S S P E C I F I C A T I O N S A N D F O R M S O F C O N T R A C T S A N D B O N D S F O R PADRE ISLAND AESTHETIC DEVELOPMENT PEASE 1 (PARK ROAD 22) .:: LNG ENGINEERING engineers 1 consultants Engineers & Consultants 801 Navigation Suite 300 Corpus Christi, TX 78408 Phone: 351 -883 --1984 Fax: 361-883-1986 FOR DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361-826-3500 Fax; 361-826-3501 DRAWING NO: STR 797 Va f. re_h 41;‘," i fij....... ep ANTONIO SAES ill • f+•. •w.ra�e.s *�..f.ea..r.r.a..� 9 8 24 ■• 9 hte i:4Steirjrzi /49 Atal".121' City of iri Corpus Christi klos041^r NDEXED (Revised 7/5/00) Padre Island Aesthetic Development Phase 1 (Park Road 22) Project No. 6280 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS -- A (Revised May 2006) Insurance Requirements NOTICE TO CONTRACTORS -- B (Revised 7/5/00) Worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre -Bid Meeting A -2 Definitions and Abbreviations A-3 Description of Project A-4 Method of Award A -5 Items to be Submitted with Proposal A-6 Time of Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage A -8 Faxed Proposals A -9 Acknowledgment of Addenda A -14 Wage Rates (Revised 7/5/00) A -11 Cooperation with Public Agencies (Revised 7/5/00) A-12 Maintenance of Services A -13 Area Access and Traffic Control A-14 Construction Equipment Spillage and Tracking (NOT USED) A-16 Disposal /Salvage of Materials (NOT USED) A -18 Schedule and Sequence of Construction A -19 Construction Staking A -20 Testing and Certification A-21 Project Signs A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) ) (NOT USED} .. A-24 Surety Bonds A-26 Supplemental Insurance Requirements (NOT USED) Considerations for Contract Award and Execution Contractor's Field Administration Staff Amended "Consideration of Contract" Requirements Amended Policy on Extra Work and Change Orders Amended "Execution of Contract" Requirements Conditions of Work Precedence of Contract "Documents A -28 A-29 A -30 A -3I A -32 A--33 A -34 ;; • A--36 Other Submittals (Revised 9/18/00) n Table of Contents 1 of 3 (NOT USED) (NOT USED) R NOT USED) A--38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A-40 Amendment to Section B-8-6: A -41 Ozone Advisory MOT USED) A-42 OSHA Rules & Regulations A -43 Amended Indemnification & Hold Harmless (9/98) A -44 Change Orders (4/26/99) A -45 As-Built Dimensions and Drawings (7/5/00) Partial Estimates A-48 Overhead Electrical Wires (7/5/00) A -49 Amend "Maintenance Guaranty" (8/24/00) A -50 Amended Prosecution and Progress (Not Used) (NOT USED) (NOT USED) ATTACHMENT 1 — BOND 2004 PROJECT SIGN PART B -- GENERAL PROVI S IONS PART C FEDERAL WAGE RATES AND REQUIREMENTS PART S -- STANDARD SPECIFICATIONS (NOT USED) PART T -- TECHNICAL SPECIFICATIONS Earth Work and Landscape 110 Excavation 132 Embankment 160 Topsoil 162 Sodding for Erosion Control 168 Vegetative Watering Subgrade Treatments and Base 210 Rolling 216 Proof Rolling 247 Flexible Base Surface Courses and Pavement 341 Dense - Graded Hot -Mix Asphalt (QC/QA) Structures 420 Concrete Structures 421 Hydraulic Cement Concrete 432 Riprap 440 Reinforcing Steel Miscellaneous Construction 500 Mobilization 502 Barricades, Signs, and Traffic Handling 529 Concrete Curb, Gutter and Combined. Curb and Gutter 03366 Water-Based Non Acid Polymer Concrete Stain PART W -LIST of DRAWINGS 1. Cover Sheet 2. General Notes & Estimated Quantities 3. Overall Plan 4. Median Details 5. Proposed Median Typical Section 6. Traffic Control Plan Area 1 1 of 2 7. Traffic Control Plan Area 1 2 of 2 8. Traffic Control Plan Area 2 1 of 5 Table of Contents 2 of 3 9. Traffic Control Plan Area 2 2 of 5 10. Traffic Control Plan Area 2 3 of 5 11. Traffic Control Plan Area 2 4 of 5 12. Traffic Control Plan Area 2 5 of 5 13. Traffic Control Plan Area 3 1 of 4 14. Traffic Control Plan Area 3 2 of 4 15. Traffic Control Plan Area 3 3 of 4 16. Traffic Control Plan Area 3 4 of 4 17. Barricade and Construction Details BC (1) -07 18. Barricade and Construction Details BC (2)-07 19. Barricade and Construction Details BC (3) --07 20. Barricade and Construction Details BC (4)-07 21. Barricade and Construction Details BC (5) -07 22. Barricade and Construction Details BC (6)-07 23. Barricade and Construction Details BC (7) -07 24. Barricade and Construction Details BC (8) -07 25. Barricade and Construction Details BC (9)-07 26. Barricade and Construction Details BC (10) -07 27. Barricade and Construction Details BC (11) --07 28. Barricade and Construction Details BC (12) --07 29. Traffic Control Plan TCP (2-1)-98 30. Traffic Control Plan TCP (2--4) -03 31. Traffic Control Plan TCP (2 -6) --98 32. Sign Mounting Details SMD (GEN) -08 33. Sign Mounting Details SMD (SLIP- 1)--08 34. Sign Mounting Details SMD (SLIP - 2)--08 NOTICE AGREEMENT PROPOSAL /DISCLOSURE STATEMENT PERFORMANCE BOND PAYMNNT BOND Table of Contents 3 of 3 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: Padre Island Aesthetic Development Phase 1 (Park Road 22) Project No. 6280; consists of 8,262 square feet of concrete scoring and painting, 690 linear feet of concrete curb and gutter, and 38 cubic yards of concrete rip rap in accordance with the plans, specifications and contract documents; Bids will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, June 10, 2009, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre -bid meeting is scheduled for Wednesday, June 3, 2009, beginning at 10:00 A.M. The pre -bid meeting will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. Any proposals not physically in possession of the City Secretary's Office at the time and date of bid opening will be deemed late and non- responsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's Office. Delivery of any proposal, by the proposer, their agent /representative, U.S. Mail or other delivery service, to any City address or office other than the City Secretary's Office will be deemed non - responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening. A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non - responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no /100 Dollars ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional {$10.00) which is a non - refundable postage /handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Pete Anaya, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage PER OCCURRENCE / AGGREGATE Commercial General Liability including: 1. Commercial Form 2. Premises -- Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage S. Independent Contractors 9. Personal Injury $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY - -OWNED NON-OWNED OR RENTED WORKERS' COMPENSATION EMPLOYERS' LIABILITY $1 ■000 ■000 COMBINED SINGLE LIMIT WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long --term environmental impact for the disposal of contaminants BUILDERS' RISK INSTALLATION FLOATER $2,000,000 COMBINED SINGLE LIMIT ❑ REQUIRED PI NOT REQUIRED See Section B -6 -11 and Supplemental Insurance Requirements ❑ REQUIRED NOT REQUIRED See Section B-6-11 and Supplemental Insurance Requirements ❑ REQUIRED �C NOT REQUIRED Page 1 of 2 ❑The City of Corpus Christi to must be named as an addition coverages except worker's com ens al insured on A atian liability coverage, n all OThe name of the project each certificate of must be listed under "deScri do insurance, p n of operations" on OFor each insurance cover the a coverage, the Contractor shall obtain a applicable insurance policy, signed an endorsement with thirty (30) days Y igned by the insurer, roved t to change thirty Y prior written notice providing the rit any coverage. of cancellation of or material City endorsements to g The Contractor shall provide a1 section endorsements insurance policies or to the City the other in 11 or Special Provisions section of the co n contract. A completed "aiseZosure of Interest" must be submitted with Should your proposal. you have any questions regarding ng insurance requirements at 88Q --3�QD . ► please contact the Contract Administrator g Page 2 of 2 • NOTICE TO CONTRACTORS - g WORKER ' S COMPENSATION INSUgANCE REQtJTREMENTS Page 1 of 1 1 Texas Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate).-A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a workers' compensation coverage agreement (TWCC81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction- -Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor ---A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage- - Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement - -A written agreement on form TWCC -81, form TWCC -82, form TWCC -83, or form TWCC -84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer /employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project -- Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ( "subcontractor" in §406.096 of the Act)--With the exception of persons excluded under subsections (h) and (i) of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless . of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity_ furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project -- Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d) A contractor shall: (I) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and fling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity. (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (G) include in all contracts to provide services on, the project the language in subsection (e)(3) of this section; . Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: CO a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (0) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A)-(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self- Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and ding of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, � within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (1-1) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A)(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by taw to be advertised for bid. Page 6 of 11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4(j). CO The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, §1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self- insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this §110.1 10 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T'28S 110.110(d)(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512.440 -3789 to receive information on the legal requirement for coverage, to verb whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 11 T28S 110.110(c)(7) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certij7cate'- A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC -81, TWCC -- 82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in X406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless ofwhether that person contracted directly with the contractor and regardless ofwhether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, suck as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services CM the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certj' ycate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, ifthe coverage period shown on the current certificate of coverage ends during the duration of the project. Page9ofll F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall note the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verb coverage and report lack of coverage. L The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1)provide coverage, based on proper reporting of classification codes and payroll amounts and fling of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 40I.OI1 (44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; • (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, ifthe coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, ij'the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notr; fy the governmental entity in writing by certified maid' or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate 'of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a se f-- insured, with the commission's Division of Self- Page 10 of 11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 PART A - SPECIAL PROVISIONS PADRE ISLAND AESTHETIC DEVELOPMENT PHASE 1 (PARK ROAD 22) PROJECT NO 6280 SECTION A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2:00 p.m., Wednesday, June 10, 2009. Proposals mailed should be addressed in the following manner: City Secretary's Office City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL -- PADRE ISLAND AESTHETIC DEVELOPMENT PHASE 1 (PARK ROAD 22) PROJECT NO. 6280 Any proposals not physically in possession of the City Secretary's Office at the time and date of bid opening will be deemed late and non - responsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's Office. Delivery of any proposal, by the proposer, their agent /representative, U.S. Mail, or other delivery service, to any City address or office other than the City Secretary's Office will be deemed non - responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening. A pre -bid meeting will be held on Wednesday, June 3, 2009, beginning at 10 :00 A.M. The meeting will convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. and will include a discussion of the project elements. No additional or separate visitations will be conducted by the City. A -2 Definitions and Abbreviations Section B -1 of the General Provisions will govern. A -3 Description of Project Padre Island Aesthetic Development Phase 1 (Park Road 22),Project No. 6280; consists of 8,262 square feet of concrete scoring and painting, 690 linear feet of concrete curb and gutter, and 38 cubic yards of concrete rip rap in accordance with the plans, specifications and contract documents; A -4 Method of Award The bids will be evaluated based on the following subject to the availability of funding: 1. Total Base Bid, or 2. Total Base Bid plus Additive Alternative No. 1 The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. Bid award is subject to the availability of funding. Section A - SP (Revised 12/15/04) Page 1 of 23 A -5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5% Bid Bond (Must reference Padre Island Aesthetic Development Phase 1 (Park Road 22), Project No. 6280 as identified in the Proposal) (A Cashier's Check ■ certified check ■ money order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement A -5 Time of Completion /Liquidated Damages The working time for completion of the Project will be 60 calendar days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ( "City Engineer ") to proceed. No additional calendar days will be awarded for Additive Alternative No. 1. Days Allocation for Rain: The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule and for each stage of the contract. No extension of time will be considered until the expected number of rain days has been exceeded and the Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. MONTH DAYS MONTH DAYS January 3 Days July 3 Days February 3 Days August 4 Days March 2 Days September 7 Days April 3 Days October 4 Days May 4 Days November _3 Days June 4 Days December 3 Days For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $400 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A -7 workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Section A - SP (Revised 12/15/04) Page 2 of 23 Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor and will be assessed and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A -8 Faxed Proposals Proposals faxed directly to the City will be considered non- responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B -2 of the General Provisions. A -9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non- receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non - receipt, could have an adverse effect when determining the lowest responsible bidder. A -10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for Heavy and Highway Construction. In case, of conflict, Contractor ohall uoc higher wage rate. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all laborers, workmen, and mechanics employed by them in the execution of the Ccntract . The Contractor or subccaitractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, reof, for each laborer, workman, or mechanic employecl, if such person is paid less than the specified rates for the classification of work performed.. The Contractor and each subcontractor must keep an accurate record Showing the names and classifications of all laborers, workmen, andmedomics employed by them in connection with the Project and showing the actual wages paid to each worker. The oantractor will make bi- weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subccaitractors and others working on the Project. These dOcuments will also be submitted to the City Engineer bi=weekly. (See section for Minority/Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals . ) One and one -half (1W times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hers worked on Sundays or holidays. (See Section B-1-1, Definition of Terms, and Section B -7 -6, Working ors . ) Section A - SP (Revised 12/15/04) Page 3 of 23 A -11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project . The Contractor shall provide a forty -eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using the Dig Tess 1 -800- 344 -8377, the Ione Star Notification Company at 1 -800- 669 -8344, and the Verizcn Dig Alert at 1 -800- 483 -6279. For the Contractor's convenience, the following telephone numbers are listed. A -12 City Engineer Project Engineer LNV Engineering Tony Saenz, PE Traffic Engineering Police Department Water Department Wastewater Department Gas Department Storm Water Department Parks & Recreation Department Streets & Solid Waste Services A E P S B C / AT&T City Street Div. for 'Traffic Signal /Fiber optic Locate Cablevision ACSI (Fiber Optic) KMC (Fiber optic) ChaiceCom (Fiber optic) CAPinaK (Fiber optic) Brooks Fiber optic (NPEO Maintenance of Services 826 -3500 883-1984 826 -3540 882 -1911 826 -1880 826 -1818 885 -6900 826 -1881 826 -3461 857 -1970 299 -4833 881 -2511 857 -1946 857 -5000 887 -9200 813 -1124 881-5767 512/935 -0958 972- 753 -4355 883 -1986 (fax) (826-3140 after hours) (826 -3140 after hours) (826 -6900 after hours) (826 -3140 after hours) (693-9444 after hours) (1 -800- 824 -4424, after hours) 857 -1960 (857-5060 after hours) (Pager 800- 724 -3624) (Pager 888 -204 -1679) (Pager 850 -2981) (Nubile) The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as -built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flamed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. Section A - SP (Revised 12/15/04) Page 4 of 23 It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A-- l3 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. All costs for traffic control will be paid for as shown in the bid proposal. A traffic control plan is included in the construction drawings. A -14 Construction Equipment Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and /or spilled materials going to or from the construction area. Hand labor and /or mechanical equipment must be used where necessary to keep these roadways clear of job- related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A--15 Excavation and Removals (NOT USED) of providing a good growth of grass when applied with seed /sod and any other material that detracts from ito appearance or hamperc the growth of graoo. removed unlco3 otherwise ne.ed, A-16 Disposal /Salvage of Materials Excess excavated material, broken asphalt, concrete, broken oulvcrto and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. Section A - SP (Revised 12/15/04) Page 5 of 23 A -17 Field Office NOT USED and heated and must be furnished with an inclined table that o.urc-13 at answering service) and FAX machine paid for by the Contractor. There ire scparatc pay item for the field office. A -18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on CALENDAR days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre - construction meeting. The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre - Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re- Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. Completion shall be based on satisfactory work, completed, tested, in accordance with the plan, specifications, and contract documents and connected to the existing system, and accepted by the City for the entire project. Certificate of Completion The requirements to issue the Contractor a Certificate of Completion are the following (Project Acceptance Procedures Check List): (1) Final inspection (Contractor shall have red lined set ready to submit to City with all corrections /notes- Engineering Services to coordinate As-Built plan preparation with A/E Consultant). (2) Inspector prepares final quantities, contractor evaluation form, and project summary. (3) Inspector /Engineer verifies that all submittals, payrolls, Inspection Reports, As-- Builts, O&M manuals (in electronic format as required), SCADA documentation, and other Field Information are complete. (4) Contractor reviews and agrees to final quantities or differences agreed upon by Contractor and Inspector. (5) Final estimate reviewed by City Construction Engineer. Section A - SP (Revised 12/15/04) Page 6 of 23 (6) City Construction Engineer submits to Engineering Administrative Asst., the final estimate and Contractor evaluation form and Project Acceptance Procedures Check List. (7) Final payment checklist: (a) Affidavit that all bills have been paid, "Waiver of Lien" (b) Submittal of all remaining payrolls (c) Submittal of MBE letter on what Contractor has actually subcontracted through end of project (d) . =- rnubmw tted (8) Final Acceptance Memorandum prepared by Administrative Assistant (9) Administrative Asst. reviews for completeness, funding availability, prepares financial paperwork (10) Administrative Asst. submits to director of Engineering Services/Operating Department Head for approval and forwarding to Asst. City Manager (11) Final Acceptance memo returned from Asst. City Manager (12) Authorization for payment (AFP) prepared and submitted to Accounting Department (13 ) Contractor receives final payment after City Council ( if required or Asst. City Manager accepts project. (14) Administrative Asst. sends letter to Contractor informing him or her when one-year warranty date begins (Acceptance Memorandum). City acceptance of the project will be described in an Acceptance Memorandum to the Contractor. The warranty will begin on the date that the Acceptance Memorandum is issued to the Contractor. A -19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two (2) bench marks required for project layout, will be provided by the City or Consultant Project Engineer: The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during conotrucn, it 1.3 necessary to disturb or dc3troy a control ZZ Project Engineer 18 hour notice so that alternate control points oan be the Contractor's negligence will be rentorcd by the City or Consultant Project Engineer at the cxpensc of the Corgi ^ ter - If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. Section A - SP (Revised 12/15/04) Page 7 of 23 and verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared discrepancies shall be meted by the Third Party Surveyor and certify compliance to any regulatory permits. Streets Wastewater: • 211 rim /invcrt elevations at manholes; • All intersecting lines in manholes; Water • All top of valves box: • valves vaults rim; Stormwatcr: • All rim /invcrt elevations at manholes; • All intersecting lines in manholes; e A -20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A -21 Project Signs The Contractor must furnish and install 2 Project signs as indicated in "Attachment 1 - Bond 2004 Project Sign." The sign must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The location of the signs will be determined in the field by the City Engineer. A -22 Minority /Minority Business Enterprise Participation Policy (Revised 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated Section A - SP (Revised 12/15/04) Page 8 of 23 October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority persons). Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person(s) must collectively own, operate and /or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.096 of the assets or interest in the partnership property must be owned by one or more minority person(s). (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more Section A - SP (Revised 12/15/04) Page 9 of 23 women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0%. of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 45 % 15 % b. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi- weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along i with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. A -23 Inspection Required (NOT USED) completed and ready for occupancy. Contractor must obtain the Certificate of Section A - SP (Revised 12/15/04) Page 10 of 23 A-24 Surety Bonds Paragraph two (2) of Section B -3 -4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10 %) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10t) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (10 %) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $140,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A -25 Sales Tax Exemption {NOT USED) fellemIng—subatituted in lieu thereof: Contracts for improvements to real property awarded by the City of Corpus - • R the Contractor elects to operate under a separated contract ao defined by 4-: Z.. Section A - SP (Revised 12/15/04) Page 11 of 23 r. A -26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name:City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469 -9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B -6 -11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B -6 -11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or Section A - SP (Revised 12/15/04) Page 12 of 23 other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A-27 Responsibility for Damage Claims NOT USED is amended to include: coverage for the term of the Contract up to and including the date the City finally acccpto the Proj cct or work. Builder' o Risk or Inatailation 'nourcd on any policico providing - A-28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A -29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least five (5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close -out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Section A - SP (Revised 12/15/04) Page 13 of 23 Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite to the City Engineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract . If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B -7 -13. A -30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B -3 -1 Consideration of Contract add the following text: Within five (5) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any Section A - SP (Revised 12/15/04) Page 14 of 23 substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B -7 -13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre - construction conference; 8. Documentation required pursuant to the Special Provisions A -28 and A -29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. 10. Within five (5) days following bid opening, submit in letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name (s) and Title (s) of individual(s) authorized to execute contracts on behalf of said entity. A -31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B-8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee. The Contractor also acknowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A -32 Amended nEkecuticn of Contract" Reqpirements Under "General Provisions and Requirements for Municipal Construction Contracts" B -3--5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A -33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre --Bid Meeting referred to in Special Provision A -1. A -34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given to the Standard Specifications and the General Provisions will be given last precedence. In Section A - 5P (Revised 12/15/04) Page 15 of 23 the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. A-35 City Water Facilities: Special Requirements (NOT USED) A. Visitor /Contractor orientation C. thc City Water Department. Protection of Water Quality all-tImeo. The Contractor shall protect the quality of the-water Department to protect the quality of the water. All materials and equipment used in the other items, which could -come into contact with .. f.....,m--- . -a Tmeri ca *Nations L Standard Specifications. repair, reassembly, potablc water, must eeuld come into contact with potablc watcr. All t- ra eh -generated by thc Contractor or his cmployceo, agcn Section A - SP (Revised 12/15/04) Page 16 of 23 daily. C. Contractor shall provide telephones for -Contractor personnel J. All Contractor vehicica must be parked at dcoignated 3itc, as designated by City Water Department staff. All Contractor vehicles must be clearly labeled with company name. No private employee personnel must be in company vchicico. During working hours, contractor employees must not leave the deoignated construction arca nor wander through any buildings other than for required work s � � K. Contractor Qualifications SCAM (SUPERVISORY CONTROL AND DATA Any work to the computer based monitoring and control system must be performed only by qualified tcchnical and supervioory personnel, as determined by meeting the qualifioationa 1 thru 9 below. This se-lee4ene, _ u_ n... a __in,:, r ■ programming, customising, debugging, -calibrating, or placing in Z. - these specifications. The Contractor or hip oubcontractor proposing- to perform the SCADA work must be able to demonstrate the following: and control ❑ystcm buoi municipal water and wastewater industry. and complexity ao required in this Contract on at least three prior projects. 3. IIc ciao been actively engaged in the type of work specified herein for at least 5 yeaEs, 4. He employs a Registered Professional Engineer, a Control perform the work required by this specifications. S. He employo peroonnc 1 on this Project who have aucce as ful ly 6. and implementing the opccific He maintains computcr3, RTUSts, and a permanent, fully staffed and equipped Section A - SP (Revised 12/15/04) Page 17 of 23 maintain, repair, calibrate, and program the oystemo -specified herein. �3 . subcontractor program the new work for -th-i s Project. blocks required to Show the programming ao needed and 1 � ■ io not intended to show all of t L. Trenching Requirements Plant shall be performed using -backhoc or hand - digging due to the shall be allowed on the project. A -36 Other Submittals 1. Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all submittals. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. Section A - SP (Revised 12/15/04) Page 18 of 23 g- Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three (3) copies of all ehep test data, and repair report, and all on -site test data within the specified time to the City Engineer for approval. Otherwise, the related material will not be approved for use on the project. A -37 Amended "Arrangement and charge for Water Furnished by the City" NOT USED Under "General Provioiono and Rcquircmento for Municipal Conotruction "The Contractor muot comply with the -City - - - - - Conocrvation and Drought Contingency Plan ao amended Ithe "Plan "). 'T'hio condition . The City Engineer rill provide a copy the pre conotruction meeting. The Contractor w , A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities The requirements of "Notice to Contractors 'B'" are incorporated by reference in this Special Provision. A -39 Certificate of Occupancy and Final Acceptance (NOT USED) 4 of the improvements under Cenral Prov i o ion B-8— A-40 Amendment to Section B -8 -6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B -8 -6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non - perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with Section A - SP (Revised 12/15/04) Page 19 of 23 documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A -41 Ozone Advisory NOT USED y V Y A -42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing any and all City- related projects and or jobs. A -43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B -6 -21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, material man, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, material man, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or material man. A--44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A -45 As -Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as -built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: Section A - SP (Revised 12/15/04) Page 20 of 23 (1) Horizontal and vertical dimensions due to substitutions /field changes. (2) (3) (4) Deletions, additions, and changes to scope of work. (5) Any other changes made. A -46 Disposal of Highly Chlorinated water (7/5/00) NOT USED d dimensions due to substitutions. The Contractor shall be responsible for the disposal of water used for testing, disinfection and lint flushing in an approved manner. Contaminants in the water, particularly high levels of chlorine, will be used for wetlands or environmentally sensitive areas. Thcoc arc regulated by numerous agencies ouch as TNRCC, EPA, etc. It will bo the Contractor's responsibility to comply with the requirements of all regulatory agencies. in the disposal of the City for approval. There shall be no separate pay for disposal of highly chlorinated water. Contractor shall not use the City's sanitary sewer system for disposal of contaminated water. A -47 Pre- Construction Exploratory Excavations (7/5/00) NOT USED Prior to any construction whatever on the project, Contractor shall excavate an epe- e -,l ex pipclin of the project cct that crow within 20 feet of proposed pipelines of the project and Contractor shall survey tho exact pipeline. exiting pipelines at a maximum of 300 feet O.C. and Contractor shall survey the accurate horizontal and vertical locations of said 300 feet maximum O.C. Z Z Z indicating the Owner of pipelines excavated and purveyed, as well as the approximate station thereof, distance to the pavement centerline and elevations of the top of existing pipelines. .. ep rt-- A -48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, Section A - SP (Revised 12/15/04) Page 21 of 23 etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with CP &L and inform CP &L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or not. A -49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts ", B --8 -11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A -50 Amended Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts ", B--7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization /remobilization costs, Such costs shall be addressed through a change order to the contract." Section A - SP (Revised 12/15/04) Page 22 of 23 SUBMITTAL TRANSMITTAL FORM PROJECT: Padre Island Aesthetic Development Phase 1 (Park Road 22) PROJECT No. 6280 OWNER: CITY OF CORPUS CHRISTI ENGINEER: LNV Engineering CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A - SP (Revised 12/15/04) Page 23 of 23 3/8 CO w CO a) hr] ... CN[ i tD tt BACKGROUND 3/8 0 Lu CI 0 V l rW l 1 ° A w 0. O cn `° Liz Q on a r. rr, 0 z z 116 CI. 0 •---1 Z CO 1 '---1 o 1/2" 2 " ATTACHMENT 1 AmaZ�Vooa puO J 3rolidn1Ox1'H A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 21ST day of JULY, 2009, by and between the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and Garrett Construction Company termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $167,582.21 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: PADRE ISLAND AESTHETIC DEVELOPMENT PHASE 1 (PARK ROAD 22 ) - PROJECT NO. 6280 (TOTAL BASE BID + TOTAL ADD.ALT.: $167,582.20) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Agreement Page 1 of 2 Padre Island Aesthetic Development Phase 1 [Park Road 22) Project No. 6280 I II 0 in ly . V ITEM QTY Dosari • tion Unit Prim ' Total. 1 690 LF Concrete curb and gutter, complete in place per linear foot. L.O. I O $291669 • v0 2 r 38 CY Concrete riprap, complete in place per cubic 'yard. 511 AO $ iq, � 332o 3 8,262 SF Concrete scoring and painting, complete in place per square foot. � j% , 15' $ 2b, o2JC 3d Mobilization, complete in place per � lump sum.$ 1 �070. � 4 4. 1 LS 5 120 DAY portable Changeable Message Sign, com plete in place per day. I Q�. $ Q I'2.,S1 (p. �� 6 2 MO Barricades, signs and traffic handling, complete in place per month. 1,g.qo $151-n. r. RD TOTAL BASE sue: $ 115/ q O (Bid Items 1 -6) ADDITIVE ALTERNATIVE NO. I ITEM II QTY AA1 270 LF III DESCRIPTION Concrete curb and gutter, complete in place per linear foot . AA2 Concrete riprap, complete 33 CY place per cubic yard. AA3 IV UNIT PRICE Concrete scoring and painting, 2,611 SF complete in place per square foot. AA4 AA5 48.95 513,2110.54 in 340.1+5. $11/102.85 3.35 $g.1 141015 317 SY Sodding ( Bermuda ) , complete in place per square yard. 3.435' 51,220.45 24 MG Vegetative watering, complete AA6 1 LS in place per million gallon. Mobilization, complete in place per lump sum. 15"1.65 $ 3,790.80 b,941.05 olq47.°5 TOTAL ADDITIVE ALTERNATIVE rTO. 1: $ 5 I / (24. 5O (Bid Items AA1 -AA6) BID SUMMARY Total Base Bid (Bid Items 1 -6) Total Additive Alternative (Bid Items AA1 -AA6 ) Total Base Bid + Total Additive Alternative $ 1(S1S1.1° 51, (024 .so 5g2 . 20 The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 60 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. City Secretary APPROVED AS TO LEGAL FORM; By: it( Asst. City Attorney CITY OF CORPUS CHRISTI By: Oscar Martinez Assistant City Manager 11/ /I• By: Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Garrett Construction Company Title: � Oe-607,06ste P.O.BOX 1028 (Address) INGLESIDE, TX 78362 (City) (State) (ZIP) 361/643 --7575 * 361/776 -3993 (Phone) (Fax) Agreement Page 2 of 2 ,Q6 aurHORiz& ST COUNCIL ...04.211., PROPOSAL FORM F O R PADRE ISLAND AESTHETIC DEVELOPMENT PHASE 1 (PARR ROAD 22) PROJECT NO. 6280 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Proposal Form Page 1 of 7 Proposal of PROPOSAL Place: Hate: JIA.(NP. lOt oo7i r(, C4k5kT,4hiJLJ:O a Corporation organized and existing under the laws of the State of ()eI-LG S OR a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: PADRE ISLAND AESTBETIC DL'VELOPZnNT PEASE 1 (PARK ROAD 22) PROJECT NO. 6280 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prides, to- wit: Proposal Form Page 2 of 7 Padre Island Aesthetic Development PF- 3• 1 (Park Road 22) Project No . III Description 690 LF 38 CY 8,262 SF 1 LS 120 DAY Concrete curb and gutte in place per linear for Concrete riprap, comp per cubic _yard. Concrete scoring c p; �. complete in place :r 4,7 oot. Mobilization, gyp] ,c, lump sum. 2 MO Portable CI .qe �ye Barricades t, . handling, c.. month. sage 6:1.(aI1, r q= anc TOTAL BASE BID: $ 11 5-/ Clg11 0 (Bid Items 1 -6) ADDITIVE ALTERNATIVE NO. 1 I II ITEM QTY AA1 270 LF III DESCRIPTION Concrete curb and gutter, complete in place per linear foot. A,A2 33 CY Concrete riprap, complete in place per cubic yard. AA3 2,611 SF AA4 317 SY AA5 24 MG Concrete scoring and painting, complete in place per square foot. IV v UNIT PRICE TOTAL 48.9s $13,21.5° 111°2. gs 3.35 Sodding (Bermuda) , complete place per square yard. 3.'435 AA6 1 LS Vegetative watering, complete in place per million gallon. 15"1.65 Mobilization, complete in place per lump sum. 10,q41. 05. $ • $ 1,22 0. 4S $ 3,190. ao Tow ADDITTVE As.TERNAMIVE No. 1: $S I , (O2L#. 50 (Bid Items AA1 -AA6) } r HID SUMMARY Total Base Bid (Bid Items 1 -6) Total Additive Alternative (Bid Items AAI -AA,6) Total Base Bid + Total Additive Alternative $ 115,g5'1.10 51,(02 •50 $ I 20 . Proposal -Fora .Paae 4 of 7 The undersigned hereby declares that he has visited the site and has carefully examined the plans ■ specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond s (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority /Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the work within 60 calendar days from the date designated by a Work Order. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this. proposal, in strict accordance with the contract documents. and the requirements - pertaining thereto, for the sum or sums above set forth. number) Receipt of ttej following addenda is acknowledged (addenda (SEAL - IF BIDDER IS a Corporation) Respectfully submitted: Name: By: i (SI Address: (Ci Telephone: )E: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers . • Proposal Form DAI f S of 7 (Revised August •2000) P E R F O R M A N C E B O N D BOND NO, 2304740 STATE OF TEXAS § KNOT ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Garrett Construction Company of SAN PATRICIO County, Texas, hereinafter called "Principal ", and INSURANCE COMPANY OF THE WEST, a corporation organized under the laws of the State of CALIFORNIA , and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City ", in the penal sum of ONE HUNDRED S IXTY - SEVEN THOUSAND, FIVE HUNDRED EIGHTY-TWO AND 20/1000167t582.20) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: * INDEPENDENCE CASUALTY & SURETY CO. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 21ST of JULY , 20 09 ■ a copy of which is hereto attached and made a part hereof, for the construction of: PADRE ISLAND AESTHETIC DEVELOPMENT PHASE 1 (PARK ROAD 22) -- PROJECT NO. 6280 (TOTAL BASE BID + TOTAL ADD.ALT.: $157,582.20) NON, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 , 4 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 27TH day of JULY , 20 09 . PRINCIPAL GARRETT CONSTRUCTION COMPANY By. . (Print Name & Title) ATTEST su6L--, 2r:c- (Print Name & Title) SURETY INSURANCE COMPANY OF THE WEST INDEPENDENCE CASUALTY & SURETY CO. By. Attorne in -fact MARY ELLEN MOORE < 2e e (Print Name) Agency: SWANTNER & GORDON INSURANCE AGENCY Contact Person: MARY ELLEN MOORE Address: P.O. BOX 870 CORPUS CHRISTI, TEXAS 78403 Plume iftanber : 361- 883 -1711 (NOTE: Date of Performance Bond must not be prior to date of contract) (Revised 3/08) Performance Bond Page 2 of 2 P A Y M E N T B O N D STATE OF TEXAS § BOND NO. 2304740 KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT Garrett Construction Company of SAN PATRICIO County, Texas, hereinafter called "Principal", and INSURANCE COMPANY OF THE WES,T a corporation organized under the laws of the State of CALIFORNIA and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City ", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of ONE HUNDRED SIXTY -SEVEN THOUSAND, FIVE HUNDRED EIGHTY -TWO AND 20/1000167,582.20) DOLLARS, lawful money of the United States ■ to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: INDEPENDENCE CASUALTY & SURETY CO. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 21ST day JULY , 20 09 , a copy of which is hereto attached and made a part hereof, for the construction of: PADRE ISLAND AESTHETIC DEVELOPMENT PHASE 1 (PARK ROAD 22) - PROJECT NO. 6280 (TOTAL BASE BID + TOTAL ADD.ALT.: $167,582.20) NON, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 w This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant", "Labor" and "Material", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 27TH day of JULY . 20 09 . PRINCIPAL GARRETT CONSTRUCTION COMPANY By: ilr J. Gar'rot- (Print Name & Title) or4e-MIAlt ATTEST Lesk c(Lt:c.e., (Print Name & Title) SURETY INSURANCE COMPANY OF THE WEST INDEPENDENCE CASUALTY & SURETY CO. Attorn "in -fact MARY ELLEN MOORE (Print Name) Agency: Contact Person: MARY ELLEN MOORE Address : P.O. BOX 870 CORPUS CHRISTI, TEXAS 78403 Phone Number : 361-883-1711 SWANTNER & GORDON INSURANCE AGENCY (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 No 0004671 ICw GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies "), do hereby appoint H.M. CANTWELL, AMY SHUMATE, TAMI J. DUNCAN, R.M. LEE, MARY ELLEN MOORE their true and lawful Attorneys)-in -Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. hi witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January, 2008. Jeffrey D. Sweeney, Assistant Secretary State of California County of San Diego On January 2, 2008, before me, Mary Cobb, Notary Public, personally appeared J. Douglas Browne and Jeffrey D. Sweeney, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. }Ss. INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY CatidAttf- J. Douglas Browne, Senior Vice President I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. 13 COM Cur 4m602390 HOMY PUBLICOUICIRNIA SAN COUNTY CommissionEgggs SEPTEMBER 20. nue RESOLUTIONS Mary Cobb, Notary Public This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorneys)-in -Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set my hand this 2 7TH day of JULY , 2009 . Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1- 800- 877 -1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130 -2045 or call (858) 350 -2400. This Power is in full force and effect until revoked 1 IMPORTANT NOTICE To obtain information or make a complaint: 2 You may contact your Agent at 361-883-1711. 3 You may call Insurance Company of the West/independence Casualty & Surety Company's toll -free telephone number for information or to make a complaint at: 1 -800 -877 -1111 4 You may also write to Insurance Company of the West/Independence Casualty & Surety Company at: 11455 El Camino Real San Diego, CA 92130 -2045 5 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1 -800 -252 -3439 6 You may write the Texas Department of Insurance: P. 0. Box 149104 Austin, TX 78714 -9104 Fax: (512) 475 -1771 Web: http:llwww.tdi.state.tx.us E -mail: ConsumerProtection@td i . state.tx. us 7 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the (agent) first. if the dispute is not resolved, you may contact the Texas Department of Insurance. 8 ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con su (title) al (telephone number). Usted puede Ilamar al numero de telefono gratis de Insurance Company of the West/independence Casualty & Surety Company's para informacion o para someter una queja al: 1 -800 -877 -1111 Usted tambien puede escribir a Insurance Company of the West/independence Casualty & Surety Company al: 11455 El Camino Real San Diego, CA 92130 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1 -800 -252 -3439 Puede escribir al Departamento de Seguros de Texas: P. O. Box 149104 Austin, TX 78714 -9104 Fax: (512) 475 -1771 Web: http:l /www.tdi.state.tx.us E -mail: ConsumerProtection @tdi.state.tx.us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el (agente) primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AMC, A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. r `1 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following Information. Every question must be answered. If the question is not applicable, answer with "N • ". FIRM NAME STREET: Vt4 o -- ■ • � • fjg CITY. .�.L.� • FIRM is: 1. Corporation 2 P = ershi 5. Other ZIP: 7ts3 (22 3. Sole Owner 4. Association DISCLOSURE QUESTIONS if additional space Is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each 'employee of the City of Corpus Christi having an 'ownership Interest" constituting 3% or more of the ownership In the above named "firm". rm ". Name 13 " Job Title and City Department (11 known) 2. State the names of each `official' of the City of Corpus Christi having an `ownership interest' constituting 3% or more of the ownership in the above named 'firm'. Name Title 3. State the names of each 'board member" of the City of Corpus Christi having an 'ownership constituting 3% or more of the ownership in the above named ' irm'. Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultanC for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an 'ownership Interest constituting 3% or more of the ownership In the above named "firm'. None Consultant CERTIFICATE knowingly' 1 certtt tlhat all informatlon provtded b tai and coma u of the date of tilts statemsnt, 'that 1 have not withhNd. � dtsclosun of any Intormatton • nquested; and that suppkmenW sbtbrnents will be promptjrsubmitted to the.Cily of Corpus Christi, Texas as changes occur. Certifying Peron: 2')k4 �. Gac(ei1--- Title: kf (Type or Print) Signature of Certifying Person:, Date: 3kA., p 2009 iE r DEFINITIONS a. "board Member". A member of an ..board commission or committee appointed the Coup � PP b]► �]► Council of the City of Corpus Ch , Texas. b. "Employee". Any person employed by the City of Corpus Christi Texas, either on a full or part time basis, but not as an Independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, Industrial or can and whether er estabgshed to produce or deal with a product or service Including but not limited to, Widest operated In the form of sole proprietorship, � as self-employed person, partnership, corporation, joint stock company, Jolnt venture, receivership or trust and entitles which, for purposes of taxation, are treated as non - profit organizations. d. I ". The Mayor, members of the City Council, C Manager, C Manager, A� City �y City Assistant. City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership interest". Leal or equitable Interest, whether actually or constructive hell, In a firm Including � " .� udi when s Interest is held through an a ent, trust, estate or holing entity. e held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, by the C �]1 hired b . of Corpus Christi for the purpose of professional consultation and recommendation. 1 , Proposal torn Page 7 of 7 �gmlf CERTIFICATE OF LIABILITY INSURANCE IMIKETR DATE (MWDD!YYYY) OP ID MBA GARCOCI• 08/05 09 Swantner & Gordon Ins Agcy -CC PO Box 870 Corpus Christi TX 79403 -0870 Phone : 361 -883 -1711 Fax :361- 844 -0101 INSURED THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # Garrett Construction Company ' / Live Oak Materials, Inc. P 0 Box 1028 Ingleside TX 78362 -1028 } INSURER A: Employers Insurance Co 21458 INSURER 8: Wausau Underwriters Ins 26042 INSURER C. Everest National Ins Co 10120 INSURER D: Texas Mutual Ins Co 22945 INSURER E: Travelers Lloyds Ins Co 41262 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. r SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 V DAYS WRITTEN MNSR LTR INSRC *IJIJ : TYPE OF CE POLICY NUMBER rtiOCY EFFECTNE DATE (MMIDDIYYYY) POLICY EXPIRATION DATE (M LIMITS A GENERAL. LIABILITY COMMERCIAL GENERAL LIABILITY YYCZ91452429029 07/26/09 07/26/10 7 EACH OCCURRENCE $1,000,000 r X PREMISES (Ea occurence) _ $ 100 , 000 CLAIMS MADE X OCCUR MED EXP (My one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE ."-$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: r PRODUCTS - COMP /OP AGG $ 2,000,000 -1 POLICY l "' l P>a n LOC EBL 1,000,000 B AUTOMOBILE LIABILITY e Y ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS ASJE91452429019 07/26/09 07/26/10 / COMBINED SINGLE LIMIT (Ea accident) _ 1 , 000 , 0 00 X BODILY INJURY {Per person) $ x X BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ C EXCESS 1 UMBRELLA LIABILITY V 71050O0076091 07/26/09 07/26/10 EACH OCCURRENCE $1,000,000 X OCCUR CLAIMS MADE AGGREGATE /41,000,000 DEDUCTIBLE RETENTION $ $ $ D WORKER tOMFEN$AtION AND EMPLOYERS' LIABILITY YI ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under SPECIAL PROVISIONS below T3F0001080533 07/26/09 07/26/10 WC 5 A t u- 011-i- _X TORY LIMITS 1 J ER - E.L. EACH ACCIDENT $500,000 1 E.L. DISEASE - EA EMPLO4EE $500,000 E.L. DISEASE - POLICY LIMIT $500,000 OTHER 4f/26/09 B Equipment Floater QT6600768C347TLC07 07/26/10^ DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED] BY ENDORSEMENT 1 SPECIAL PROVISIONS Project: Padre Island Aesthetic Development Phase 1 (Park Road 22) - Project No. 6280 . GL /Auto: Additional Insured as required by written insured contract CERTIFICATE HOLDER CANCELLATION F - City of Corpus Christi Engineering Services Contract Administrator P.O. Box 9277 Corpus Christi TX 78469-9277 r SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 V DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, IT'S AGENTS OR REPRESENrArnES A ENrATIVE r`f ACORD 25 (2009/01) 0 1989 -2009 ACORD CORPORATION. Ail rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the poliey(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) Item 20. - LIBERALIZATION Section IV - Commercial General Liability- Conditions is amended to add the following: 10. Liberalization If we ad( )pt a change in our forms or rule which would broaden your coverage without an extra charge. the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. Authorized Representative: aveltKoi Name (Printed): R. M. Lee Tide (Printed): Managing Partner Swantner & Gordon This endorsement is executed by the Premium S t:A t;.e- te---- -0709- -- - - - - -- _ _ fhte - -- --fir Pot attachment to Policy No. YYCZ91452429029 ,audit Basis Issued •ru Issued Noir it { :E)untersygned by IIISECRETARY PRESIDE S ' r .kuthunurd Rsprtitiitaer e Saks Office and Nu. End. Serial No. LG 3180 09 07 Page 8 of 8 Policy Number: YYCZ91452429029 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIBERTY DirectSolutions for Contractors This endorsement modifies insurance provided under the following: Ct NMIERCL -SL. GENERAL LIABILITY COVERAGE PART This endorsement modifies insurance by broadening the insurance provided by CG 00 01. Index of modified items: Item 1— REASONABLE FORCE Item 2. - NON -OWNED WATERCRAFT EXTENSION Item 3. - ALIENATED PREMISES Item 4. - PROPERTY IN YOUR CARE, CUSTODY OR CONTROL Item 5. - DAMAGE TO PREMISES RENTED TO YOU - EXPANDED COVERAGE Item 6. - BODILY INJURY TO CO- EMPLOYEES Item 7. - HEALTH CARE PROFESSIONALS AS INSUREDS Item 8. - NEWLY FORMED OR ACQUIRED ENTITIES Item 9. - BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION- MANAGERS OR LESSORS OF PREMISES Item 10. - EXPANDED BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION (FOR INSTALLATION EXPOSURES) Item 11. - BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION -- PERSON OR ORGANIZATION Item 12. - ADDITIONAL INSURED — ARCHITECTS, ENGINEERS OR SURVEYORS Item 13. - ADDITIONAL INSURED STATE, MUNICIPALITY OR POLITICAL SUBDIVISION - PERIVLITS Item 14. - ADDITIONAL INSURED AND WAIVER OF SUBROGATION — LESSOR OF LEASED EQUIPMENT Item 15. -KNOWLEDGE OF OCCURRENCE Item 16. - UNINTENTIONAL ERRORS AND OMISSIONS Item 17. - BODILY INJURY REDEFINITION Item 18. - MOBILE EQUIPMENT REDEFINITION Item 19. - SUPPLEMENTARY PAYMENTS Item 20. - LIBERALIZATION These changes broaden the policy sections described unless differing language is separately endorsed to the coverage Part Item 1. - REASONABLE FORCE Exclusion a. of Coverage A is replaced by the following: a. E F "��px--pected or Intended Injury � ; n e e r` e )int -of- he -. . . - This-exclusion- does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Item 2. - NON - OWNED WATERCRAFT EXTENSION Subparagraph g.(2) of Exclusion g. of Coverage A (Section I - Coverages) is replaced by the fiollowin (2) A watercraft you du not own that is: (a) Less than 55 feet long; and (b) Not being used for public transportation or as a common carrier. Item 3. - ALIENATED PREMISES 1. Subparagraph j.(2) of Exclusions of Section I — Coverages — Bodily Injury And Property Damage Liability is replaced by the following: LG 31 84 09 07 Page 1 of 8 (2) Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises, and occurs from hazards that were known by poi, or should have reasonably been known by you, at the time the property was transferred or abandoned. Item 4. - PROPERTY IN YOUR CARE, CUSTODY OR CONTROL L Subparagraphs (3) and (4) of exclusion I. of coverage A. do not apply except to (a) borrowed equipment, or (Q) "property damage" to property in your care, custody and control while in transit This insurance does not apply to any portion of a loss for which the insured has available any other valid and collectible insurance, whether primary, excess, contingent, or on any other basis, unless such other insurance was specifically purchased by the insured to apply in excess of this policy. 2. Limits of Insurance Subject to Paragraphs 2., 3., and S. of Section III -- Limits ()f Insurance, the most we will pay for insurance provided by paragraph L, above is: $10,000 Each Occurrence Limit 525,000 Aggregate Limit The Each Occurrence Limit for this coverage applies to all damages as a result of any one "occurrence" regardless of the number of persons or organizations who sustain damage because of that "occurrence." The Aggregate Limit is the most we will pay for the sum of all occurrences covered by this provision. Item S. - DAMAGE TO PREMISES RENTED TO YOU - EXPANDED COVERAGE A. Fire, Lightning Or Explosion Damage The last paragraph of f 2. Exclusions under Section I -- Coverage A is replaced by the following: Exclusions c. through n. do o not apply to f damage to premises rented to you or temporarily occupied by you with permission of the owner when the damage is caused by fire, lightning, or explosion or subsequent damages resulting from such fire, lightning or explosion, including water damage. A separate limit of insurance applies to this coverage as described in Section III — Limits of Insurance. B. Limits for Damage to Premises Rented to You Paragraph 6. of Section III — Limits of Insurance is replaced by the following: Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for any combination of (a) damage caused by fire, lightning, or explosion or subsequent damages resulting from such fire, lightning or explosion, including water damage to premi. ses rented to you, or temporarily occupied rind -- (b) "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. Item 6. - BODILY INJURY TO CO- EMPLOYEES 1. Subject to the Each Occurrence Limit and the General Aggregate Limit, Paragraphs 2.a.(1)(a), (b) and (c) of SECTION II — Who Is an Insured do not apply to your supervisory or management "employees" for "bodily injury" only. 2. Subject to the Each Occurrence Limit and the General Aggregate Limit, Paragraphs 2.a.(1)(a), (b) and (c) of SECTI( fN II — Who Is an Insured do not apply to your "employees" or "volunteer workers" for "bodily injury" arising out of a Good Samaritan act to a co- "employee" or cow "volunteer worker." A Good Samaritan act means an attempt to rescue or aid a perscm in imminent or serious peril, provided the attempt is not recklessly made. Damages owed to an injured co-"employee" or "volunteer worker" will be reduced by any amount paid or available to the injured co—"employer" or "volunteer worker" under any other valid and collectible insurance. LG 31 80 09 07 Page2of8 Item 7. - HEALTH CARE PROFESSIONALS AS INSUREDS Paragraph 2.a. (1) (d) of Section II -- Who Is An Insured is deleted unless: (i) Y)u are engaged in the occupation or business of providing or offering medical, surgical, dental, x -ray or nursing services, treatment, advice or instruction; or (ii) The "employee" has any other insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. Item S. - NEWLY FORMED OR ACQUIRED ENTITIES Paragraph 3. of Section II – Who Is An Insured is replaced by the following: 3. Any organization, n, other than a joint venture, you u newly acquire or form and over which you maintain majority ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. a. Coverage under this provision is afforded only until i. the 180th day after you acquire or form the organization; or ii. separate coverage is purchased for the organization; or ill. the end of the policy period, whichever is earlier. b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any past partnership, current or past joint venture or past limited liability company that is not shown as a Named Insured in the Declarations. Item 9. - BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION—MANAGERS OR LESSORS OF PREMISES A. Section II -- Who Is An Insured is amended to include as an insured any manager or lessor of premises leased by you in which the written lease agreement obligates you to procure additional insured coverage, provided that 1. the "bodily injury ", "property damage}' or "personal and advertising injury" giving rise to liability occurs subsequent to the execution of the agreement; and 2. the written agreement is in effect at the time of the "bodily injury ", "property damage ", "personal and advertising injury" for which coverage is sought. That person or organization shall be referred to as the additional insured. The coverage afforded to the additional insured is limited to liability in connection with the ownership, maintenance o fr use of the premises leased to you and caused, in whole or in part, by some negligent acts or omissions of you, your i • �[j r �F } "property damage" or "personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured, except as provided below. If the written agreement to indemnify an additional insured requires that you indemnify the additional insured for its sole neg once, then the coverage for the additional insured shall conform to that agreement; provided, however, that the contractual indemnification language of the agreement is valid under the law of the state where the agreement was formed. If the written agreement provides that a particular state's law will apply, then such provision will be honored. B. Waiver Of Subrogation For any additional insured that obtains insured status on this policy through paragraph A., above, we waive any right of recovery we may have against the additional insured because of payments we make for "bodily injury ", "property damage" or " personal and advertising injury" to which this insurance applies. C. Exclusions This insurance does not apply to: 1. Any "occurrence" that takes place after you cease to be a tenant in that premises. LC 3180 09 07 Page 3 of 8 2. .knv construction, renovation, demolition or installation operations performed by or on behalf of the Additional Insured. 3. Any premises for which coverage is excluded by endorsement. D. Other Insurance The insurance provided by this endorsement applies only to euverages and limits of insurance required by written agreement, but in no event exceeds either the scope of coverage or the limits of insurance available within this policy. This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent it primary basis, unless you are obligated under a written agreement to provide liability insurance for that additional insured on any other basis. In that event, this policy will apply solely on the basis required by such written agreement. To the extent that the additional insured has the right to pursue any other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. Item 10. - EXPANDED BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION (FOR INSTALLATION EXPOSURES) A. Section II -- Who Is An Insured is amended to include as an insured any person or organization to whom you are obligated by a written agreement to procure additional insured coverage, provided that L the "bodily injury," "property damage," or "personal and advertising injury" giving rise to liability occurs subsequent to the execution of the written agreement; and 2. the written agreement is in effect at the time of the "bodily injury," "property damage," or "personal and advertising injury" for which coverage is sought. That person Or organization shall be referred to as the additional insured. The coverage afforded to the additional insured is limited to liability caused, in whole or in part, by the negligent acts or omissions of you, your employees, your agents, or your subcontractors, in the performance of your ongoing operations. This insurance does not apply to "bodily injury," or "property damage," "personal and advertising injury" arising out of "your work" included in the "products- completed operations hazard" unless you are required to provide such coverage for the additional insured by the written agreement, and then only for the period of time required by the written agreement and only for liability caused, in whisk or in part, by the negligent acts or omissions of you, your employees, your agents, or your subcantractors. There is no coverage for the additional insured for "bodily injury ", "property damage" or "personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting an behalf of the additional insured, except as provided below. If the written agreement to indemnify an additional insured requires that you indemnify the additional insured for its sole negligence, then the coverage for the additional insured shall conform to that agreement, provided, however, that the contractual indemnification language of the agreement is valid under the law of the state where the agreement was formed. ed. If the written agreement provides that a particular state's law will apply, then such provision will be honored. B. Waiver of Subrogation For any additional insured that obtains insured status on this policy through paragraph A., above, we waive any right of recovery we may have against the additional insured because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. C. Exclusions With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: LG31800907 Page4of8 This insurance does not apply: 1. to "bodily injury ", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, rnckiding: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, fteki orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2. to "bodily injury" or "property damage" that occurs during the ongoing operations of a project where you have purchased an Owners & Contractors Protective Liability or Railroad Protective Lability Policy for the additional insured. 3. when coverage is available under a consolidated (wrap up) insurance program in which you are involved. D. Other Insurance The insurance provided by this endorsement applies only to coverages and limits of insurance required by written agreement, but in no event exceeds either the scope of coverage or the limits of insurance available within this policy. This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless you are opted under a written agreement to provide liability insurance for that additional insured on any other basis. In that event, this policy will apply solely on the basis required by such written agreement. To the extent that the additional insured has the right to pursue any other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. Item it - BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION — PERSON OR ORGANIZATION A. Section II -- Who Is An Insured is amended to include as an additional insured any person or organization to whom you are obligated by a written agreement to procure additional insured coverage, but only with respect to liability for "bodily injury ", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with premises owned by you provided that (a) the "bodily injury ", "property damage" or "personal and advertising injury' giving rise to liability occurs subsequent to the execution of the agreement and the written agreement is in effect at the time of the "bodily injury", property damage", "personal injury"ofr "advertising injury" for which coverage is sought. That person or organization on shall be referred to as the additional insured. There is no coverage for the additional insured for "bodily injury ", "property damage" or "personal and advertising injury" arising Out Of the sole negligence of the additional insured or by those acting on behalf of the additional insured, except as provided below. If the written agreement to indemnify an additional insured requires that you indemnify the additional insured for its sole negligence, then the coverage for the additional insured shall conform to that agreement; provided, however, that the contractual indemnification language of the agreement is valid under the law of the state where the agreement was formed. If the written agreement provides that a particular state's law will apply, then such provision will be honored. B. Waiver Of Subrogation For any additional insured that obtains insured status on this policy through paragraph A., above, we waive any right of recovery we may have against the additional insured because of payments we make for "bodily injury ", "property damage" or "personal and advertising injury" to which this insurance applies. LG 3180 09 07 Page 5 of 8 C. Exclusions This insurance does not apply to: 1. Any premises or equipment leased to you. 2. Any construction, renovatio m, demolition on or installation operations performed by or on behalf of you, or those operating on your behalf. D. Other Insurance The insurance provided by this endorsement applies only to coverages and limits of insurance required by written agreement, but in no event exceeds either the scope of coverage or the limits of insurance available within this policy. This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless you are obligated under a written agreement to provide liability insurance for that additional insured on any other basis. In that event, this policy will apply solely on the basis required by such written agreement. To the extent that the additional insured has the right to pursue any other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. Item 12. - ADDITIONAL INSURED — ARCHITECTS, ENGINEERS OR SURVEYORS A. Section II — Who Is An Insured is amended to include as an additional insured any architect, engineer, or surveyor engaged by you but only with respect to liability for "bodily injury ", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In connection with your premises; or 2. In the performance of your ongoing operations. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury ", "property damage" or "personal and advertising injury" arising our of the rendering of or the failure to render any professional services by or for you, including 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. Item 13. ADDITIONAL INSURED — STATE, MUNICIPALITY OR POLITICAL SUBDIVISION - PERMITS Section II — Who Is An Insured is amended to include as an additional insured any state, municipality or political subdivision with respect to any operations performed by you, or on your behalf, for which the state, municipality or political subdivision has issued a permit However, this insurance does not apply to: 1. "Bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state, municipality or political subdivision; or 2. Any "bodily injury" or "property damage" included within the "products-completed operations hazard ", except when required by written contract or agreement initiated prior to loss; or 3. "Bodily injury," "property damage" or "personal and advertising injury," unless negligently caused, in whole or in part, by you or those acting 011 your behalf. Item 14. - ADDITIONAL INSURED AND WAIVER OF SUBROGATION — LESSOR OF LEASED EQUIPMENT A. Section II - Who Is An Insured is amended to include as an additional insured any person or organization from whom you ease equipment when you and such person or organization have agreed in a written agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an insured only with respect to liability for "body injury ", "property damage's or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. There is no coverage for the additional insured for "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured. LG 3180 09 07 Page 6 of 8 A person's or organization's status as an additional insured under this endorsement ends when the agreement with you for such leased equipment ends. B. Waiver of Subrogation For any additional insured that obtains insured status on this policy through paragraph A., above, we waive any right . of recovery we may have against the additional insured because of payments we make for "bodily injury ", "property damage" or "personal and advertising injury" caused, in whsle or in part, by your maintenance, operation n or use of equipment leased to you by such person Or organization. C. Other Insurance This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless you are obligated under a written agreement to provide liability insurance for that additional insured on any other basis. In that event, this policy will apply solely on the basis required by such written agreement. To the extent that the additional insured has the right to pursue any other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. Item 15. KNOWLE1DGE OF OCCURRENCE Subparagraph 2.a., b. and c. of Condition 2. Section TV — Commercial General Liability Conditions are amended to add the following As used in this paragraph, the word "you" refers to an "executive officer ", partner, member or legal representative, and any other "employee" with insurance or risk management responsibilities. Item 16. - UNINTENTIONAL ERRORS AND OMISSIONS Paragraph 6. of Section IV — Commercial General Liability Conditions is amended to add the following: Any unintentional error or omission in the description of, or failure to completely describe, any premises ter operations intended to be covered by this policy will not invalidate or affect coverage for those premises or operations. However, you must report such error or omission to us as soon as practecable after its disco3vety. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non. renewal. Item 17. - BODILY INJURY REDEFINITION The definition of "bodily injury" in Section V - DEFINITIONS section is replaced by the following: "Bodily injury" means bodily iniury, sickness or disease sustained by a person. It includes death or mental anguish, which results at any time from such physical harm, physical sickness or physical disease. Mental anguish means any type of mental or emotional illness or distress. Item 18. - MOBILE EQUIPMENT REDEFINITION Paragraph 12. f.(1) (a), (by and (c) of Section V — Definitions does not apply to self - propelled vehicles of less than 1000 pounds gross vehicle weight. Item 19. - SUPPLEMENTARY PAYMENTS .Section I - Coverages, Supplementary Payments - Coverages A and B, item 1. b. and 1. d., respectively, are replaced with: b. Up to S2,500 for cost Of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our reyuesr,to assist us in the investigation or defense of the claim or "suit" including substantiated loss of earnings up to $500 a day because of time off from work. LG 3180 09 07 Page 7 of 8 Policy Number: ASJ291452429 -01 9 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Willi respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. SCHEDULE 'Name and Address of Additional Insured: City of Corpus Christi Engineering Services Contract Administrator PO Box 9277 Corpus Christi, TX 78469 -9277 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Who Is An Insured (Section II ) is amended to include as an "insured" the person(s) or organization(s) shown in the Schedule, but only with respect to their legal liability for acts or omissions of a person for whom Liability Coverage is afforded under this policy. 8. The additional insured named in the Schedule or Declarations is not required to pay for any premiums stated in the policy or earned from the policy. Any return premium and any dividend, if applicable, declared by us shall be paid to you. C. You are authorized to act for the additional insured named in the Schedule or Declarations in all matters pertaining to this insurance. cancellation of this policy. If we cancel, we will give 10 days notice to the additional insured. E. The additional insured named in the Schedule or Declarations will retain any right of recovery as a claimant under this policy. ISO Properties, Inc. Authorized Representative: Name (Printed): R. M. Lee Tide (Printed): Managing Partner Swantner & Gordon 2. Policy Number: YYCZ91452429029 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABIL,IT1(COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE I.tASIUTY COVERAGE PART POLLUTION LI/ISILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the evert of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part. we agree to mail prior written notice of cancellation or material change to: SCHEDULE Name: City of Corpus Christi Engineering Services Contract Administrator PCB Box 9277 Corpus Christi. TX 78469 -9277 Number of days advance noticf: 30 0 ISO Properties, Inc. Authorized Representative: Name (Printed): R. M. Lee Tide (Printed): Managing Partner Swantner & Gordon Policy Number: ASJ291452429 -019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Number of Days' Notice V 30 Days Name Of Person Or Organization City of Corpus Christi Engineering Services Contract Administrator PO Box 9217 Corpus Christi, TX 78469-92T7 SCHEDULE If this policy is canceled or materially changed to reduce or restrict coverage, we will mail notice of cancellation or change to the person or organization named in the Schedule. We will give the number of day's notice indicated in the Schedule. ISO Properties, Inc. Authorized Repr ' e: Name (Printed): R. M. Lee Tide (Printed): Managing Partner Swantner & Gordon WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY bum= Comm WC 42 06 01 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the Insurance provided by the policy because Texas is shown In Item 3A. of the Information Pape. In the event of cancellation or other material sharps of the poky, we will mall advance notice to the person or organization named In the Schedule. The number of days advice notice b shown in the 8chsduis. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: Authorized Representative: City of Corpus Christi department of Engineering Services Attn: Contract Administrator PG Box 9277 Corpus Christi, TX 78469 -9277 CP•ovf44 Name (Printed): R. M. Lee Tide (Printed): Managing Partner Swantner & Gordon This andessinent changes the pokey to ■Nch it le attached effedive on the inception date of the policy Wen a dirt dabs is Indicated bsiow. (The fuUar "attaching clause need be completed only when this endorsement is Issued subsequent to preparation of the policy.) This endorsement, a lec#iM. on at 1241 AM. standard tirna, farms* part of Policy No. TSF 0001480533 20090726 albs Texas Mutual insurance Company Issued to Garrett Construction Company Premium $ WC420111(ED.1 -94) Endorsement No. A14010i#46 Authorized iapraenMlw INSURED S COPY BAHAMBUR 7--31 --2008